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1 Aged Care Services Client Handbook (CHSP and HCP Programs) CPL - Choice, Passion, Life 340 Adelaide Street Brisbane QLD 4000 Phone: 1800 275 753

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Page 1: Aged Care Services Client Handbook (CHSP and HCP Programs) · Aged Care Services Client Handbook (CHSP and HCP Programs) CPL - Choice, Passion, Life 340 Adelaide Street ... Nursing

1

Aged Care Services Client Handbook

(CHSP and HCP Programs)

CPL - Choice, Passion, Life

340 Adelaide Street

Brisbane QLD 4000

Phone: 1800 275 753

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Contents About Us ......................................................................................................................................... 4

In Home Aged Care Services .......................................................................................................... 4

Commonwealth Home Support Program (CHSP) .......................................................................... 6

CHSP Services ................................................................................................................................. 6

CHSP Fees ....................................................................................................................................... 7

Home Care Packages (HCP) ............................................................................................................ 8

Consumer Directed Care ............................................................................................................ 9

Home Care Packages – Services and Products ............................................................................ 10

Home Care Packages – Fees......................................................................................................... 11

Leave from your home care package ........................................................................................... 12

Changing Home Care Providers ................................................................................................... 12

Security of Tenure ........................................................................................................................ 13

My Aged Care ............................................................................................................................... 13

Practical Information – support in your home ............................................................................ 14

CPL Policies ............................................................................................................................... 14

Changing Rostered Visit Times ................................................................................................. 14

Pets ........................................................................................................................................... 15

Cleaning Chemicals .................................................................................................................. 15

Gifts to Staff ............................................................................................................................. 15

Smoking .................................................................................................................................... 15

Privacy and Consent ..................................................................................................................... 15

What information does CPL collect? ........................................................................................ 16

Who else may see information about me?.............................................................................. 16

Sharing information with other providers ............................................................................... 17

Can I see what information CPL holds about me? ................................................................... 17

How do I obtain further information? ..................................................................................... 17

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Incident Reporting, Investigation and Notifications .................................................................... 18

Providing Feedback ...................................................................................................................... 18

How can I provide feedback? ....................................................................................................... 19

Advocacy ...................................................................................................................................... 19

Advocacy and External Complaints Contacts ............................................................................... 20

Aged Care Complaints Commissioner ...................................................................................... 20

Older Persons Advocacy Network (OPAN) ............................................................................... 20

The Public Advocate (QLD)....................................................................................................... 21

The Public Guardian (NSW) ...................................................................................................... 21

Anti-Discrimination Commission Queensland ......................................................................... 22

Anti-Discrimination Board of NSW .......................................................................................... 22

Charter of Care Recipients’ Rights and Responsibilities – Home Care ........................................ 23

1 Care recipients’ rights - home care ....................................................................................... 23

2 Care recipients’ responsibilities - home care ........................................................................ 25

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About Us

At CPL - Choice, Passion, Life – we put our clients and their needs at the heart of everything we

do. We’ve been providing high quality person centred care in the community for over 70 years.

Thank you for selecting us to be your approved provider of your aged care services, we trust this

booklet provides you with relevant and useful information.

If you require further information, please feel welcome to contact us or pass our number onto

someone who may be interested in our services. The number to call is 1800 275 753.

If you or your family member need assistance with translation or have vision or hearing

difficulties, please let us know and we will arrange assistance.

In Home Aged Care Services

We support people over the age of 65 years (50 years and over for Aboriginal and Torres Strait

Islander people) who need assistance to remain living independently at home.

We provide entry-level support through the Government funded Commonwealth Home Support

Program (CHSP) through to more complex support at home through the Home Care Packages

Program (HCP).

We also offer private services at competitive hourly rates if this is your preference. Your CPL

Service Facilitator can provide you with a quote for these services.

Our services are provided in a flexible way, focussing on your individual needs. We work with you

to assist you to build on your strengths and abilities to enable you to remain living independently

in your own home with support from our professional and highly trained staff. All staff have an

Australian Federal Police Check and the qualifications and skills to perform your required service.

Staff are rostered to turn up at the agreed time, so you can rely on the assistance by our team

when you need it, to support you in your home and your daily life.

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Your individual CPL Service Facilitator is your primary contact and who will be there to support

you every step of the way. Their contact details are on the front cover of this handbook.

Our Services may include:

Domestic assistance

Transport

Meals

Social Support

Personal Care

Medication Prompts

Nursing Care

Allied Health services

Respite Care for you or your carer

Home Maintenance

Home Modifications

Aids and Equipment

This list is not exhaustive so if there is something you would like please contact your CPL Service

Facilitator.

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Commonwealth Home Support Program (CHSP)

This program provides a range of entry-level services for people over the age of 65 years who

need assistance to keep living independently at home and in their community. With a focus on

reablement and wellness, we support you by doing with you, not for you.

If you are generally able to manage but just need some help with daily tasks to continue living at

home these services may be right for you. They may also be suitable if you have had a setback

and need support for just a short period of time to help you get back on your feet.

To access CHSP services you will have been in contact with My Aged Care and been assessed by a

Regional Assessment Service (RAS). If you are eligible for services, My Aged Care will have given

you a referral code for each of the services you are approved for receiving. This referral code is

given to your service provider of choice and if that is CPL we can then provide these Government

funded services to you.

CHSP Services

We are approved to provide the following Commonwealth Home Support Program services.

Carer Relationships and Carer Support - for Carers who need a break from caring for their loved

one.

Respite Services o Cottage respite is a home away from home, providing 24-hour care to the person

you care for, including meals and support with activities of daily living. This is available in QLD (Brisbane South, Logan River, South Coast and West Moreton Regions) and in NSW (Far North Coast)

o Flexible respite is ideal if carers need some support within their home. This is generally available weekdays. This is available in QLD (Brisbane South, Logan River and West Moreton Regions) and in NSW (Far North Coast).

o Centre based respite enables carers to have a break and the person you care for to connect or reconnect with your local community through group activities. We are able to pick up and drop off home (within a certain geographic area). This is available in the Far North Coast region of NSW.

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Community and Home Support Services – to assist older people to live independently in their

home and in the community.

Social Support (Group and Individual) to support you to participate in community life and feel socially included through either structured group activities or individual social activities in the Far North Coast region of NSW.

Transport – services to support access to your community in the Far North Coast region of NSW.

CHSP Fees

The Government provides funding for CHSP services however clients are also required to

contribute towards the CHSP support by payment of a nominal amount. In order for you to make

an informed decision, we advise this payment amount to you prior to starting CHSP services with

us.

If you are required to pay a contribution, CPL will provide you with an invoice at the end of the

month for services you have received. Payment can be made by direct debit.

We recognise that some circumstances may make it difficult to pay for this support, in this

instance there is an ability to apply for a fee reduction by completing our Fee Reduction

Application Form. For support with this process or for further information on fees, please contact

your CPL Service Facilitator.

If there was a fee determination you were not happy with, there is a CPL process for appeal. In

this instance please contact the Service Manager of Aged and Carer Services on 1800 275 753

and they will provide you with information on the appeals process.

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Home Care Packages (HCP)

We are an approved provider of home care packages which assist you to remain living

independently in your own home for as long as you can.

To be eligible for a home care package you will have had an assessment and approval by the

Aged Care Assessment Team (ACAT) and then have received a referral code for a particular level

of home care package from My Aged Care. This referral code is then provided to an approved

provider of home care packages of your choice. You may have approval for a higher level of home

care package and may receive an interim level package whilst waiting for higher level funding.

For example, you may be approved by ACAT as eligible for a Level 4 Home Care Package however

you may have been given an interim Level 2 Home Care Package. Your CPL Service Facilitator will

support you with information and guidance during this process.

There are four levels of home care packages to support approved people who have basic care

needs through to those who have high level care needs.

The Home Care Package Levels are:

Level 1 – supports people with basic care needs

Level 2 – supports people with low-level care needs

Level 3 – supports people with intermediate care needs

Level 4 – supports people with high-level care needs

A subsidy is paid to support you with a package of care, services and case management to meet

your personal needs. Each level of home care package provides for a different subsidy which is

paid to your selected approved home care provider. Your subsidy rate is identified in your

individualised budget. Subsidy rates do change periodically, and you will be notified when this

occurs.

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If you have a home care package, you may also be eligible for additional supplements for some

specific care needs or if you are having difficulty paying your aged care fees.

Supplements available in-home care are:

Dementia and cognition supplement

Veterans’ supplement

Oxygen supplement

Viability supplement

Hardship supplement

You may need an assessment to find out if you are eligible for these supplements. The My Aged

Care booklet “Your guide to home care package services” contains useful information on the

program. This booklet is provided at the initial meeting with a CPL Service Facilitator, if you

require further information please contact your Service Facilitator.

Consumer Directed Care

Clients who have a Home care package are supported to receive this on a Consumer Directed

Care (CDC) basis. CDC gives you flexibility and choice in the delivery of your home care package. It

gives you more control over the types of care and services you receive, how they are delivered,

by whom and when.

CDC means:

You have more say in the care and services you access, how they are delivered and who you would like to deliver these to you – choosing the way the services are delivered and by whom

You have conversations about your needs and goals and you are encouraged to identify goals which will form the basis of your care plan, which we will work together to create

You will have an individualised budget and know how your package is funded and how your individual budget is spent through monthly income and expense statements

You let us know how much involvement you have in managing your home care package

You can expect us to ensure your package continues to meet your needs with ongoing monitoring and formal reviews

You can expect regular contact with us and we will change your supports if your needs or preferences change

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We ensure you are provided with all the information you need to make informed decisions about your home care package and work with you to ensure your package of care is designed specifically for you.

Home Care Packages – Services and Products

A range of services and products tailored to your needs are available as part of your home care

package of care and lifestyle services. These may include but are not limited to:

Transport and personal assistance: assistance with shopping, visiting health practitioners and attending social activities;

Personal services: assistance with personal activities such as bathing, showering, toileting, dressing and undressing, mobility and communication;

Clinical Care services: continence management including aids and appliances, wound management including dressings; medication management;

Nutrition, hydration, meal preparation and diet: assistance with preparing meals, including special diets, assistance with using eating utensils and assistance with feeding;

Mobility aids: provision of walking frames, walking sticks, mechanical devices for lifting, slide sheets, pressure-relieving mattresses and assistance using these aids;

Allied health and therapy services: for example, this may include speech therapy, podiatry, occupational or physiotherapy services and other services such as hearing and vision services; and

Assistive technology: such as devices that assist mobility, communication and personal safety.

At your initial meeting with us the types of services and/or products you would like your home

care package to deliver was discussed and from this a Care Plan and an individualised budget was

prepared for you along with a client Home Care Agreement.

We regularly review your home care package with you to ensure your current plan of services

and supports are meeting your needs and to identify if more support is needed. Our review

schedule for home care packages is: Level 1 (annually); Level 2 (6 monthly); Level 3 and Level 4 (3

monthly) or at any time that we or you feel that it needs to be reviewed, for example if you are

home from a recent hospital stay. If at any time you would like to discuss your package of care or

to request an additional review, please contact your CPL Service Facilitator.

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Home Care Packages – Fees

At CPL we strive to keep fees and charges for providing services as low as possible. These fees

and charges are outlined in your home care agreement, are discussed and explained prior to

making a decision on engaging us to be your home care provider are outlined on the fee schedule

provided at your initial meeting with us. This fee schedule includes a list of hourly rates for

services and minimum engagement times.

Each month you will receive your home care package financial statement which outlines your

Government Subsidy, any contribution you have made and any expenses for services and/or

products and the unspent funds amount. Any payments you are required to pay are able to be

direct debited. Your CPL Service Facilitator can provide assistance with interpreting your financial

statement.

Below is an outline of standard fees and charges:

Exit Fee: An exit fee can be charged against home care package funding when a person leaves a home care package. These fees vary between providers and are paid out of unspent funds left in the home care package on exiting the package. For example, if you chose to change providers there may be an exit fee charged. At CPL we choose not to charge an Exit Fee.

Basic Daily Care Fee: People who receive a home care package can be asked to pay a basic daily care fee (17.5% of the aged care pension). At CPL we have chosen to waive this basic daily care fee for pensioners and others experiencing financial hardship.

Case Management/Administration Fees: There are costs incurred by approved providers in managing home care packages by way of Case Management and Administration functions. These costs can be charged by the provider against your home care package funds. At CPL we charge 5% Administration and 20% Case Management.

Income Tested Fee (Does not apply to FULL pensioners): If you are a partly self-funded or fully self-funded retiree, the Government has a process for assessing income to determine your contribution for your home care package, if your income is over the maximum income for a full pensioner. This is known as an Income Tested Fee (ITF) for home care.

An Income Assessment form is completed and submitted to the Department of Human Services

(Centrelink) and they will determine any contribution you may be required to pay. We are

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required to collect this income tested fee which is used, along with the Government Subsidy, to

pay for your home care package services.

Leave from your home care package

There are leave provisions available within your home care package if you wish to take time

away. This may be that you are going on holiday, to hospital or respite care or receiving transition

care post a hospital stay. Your Home Care Agreement sets out what happens if you need to take

leave from the care and services you receive under your home care package.

We ask that you contact us immediately when you know you need to take leave from your home

care package. Ideally one weeks’ notice for planned leave is needed in order to reschedule or

suspend services. However, if something unexpected occurs such as you go to hospital, then

please call us (or have someone else call on your behalf) as soon as possible so we can put your

home care package on hold and suspend services until you return home. We can then discuss

with you what happens to your fees and Government subsidy whilst on leave.

You may need to continue to pay your contribution if you are in hospital or on holiday, but not if

you are in residential respite care or on the transition care program post a hospital stay. If you

are paying an Income Tested Fee you may still be required to pay this amount.

Please contact your CPL Service Facilitator if this occurs at any time you are receiving our home

care package services and they can provide information specific on your individual situation.

Changing Home Care Providers

Your home care package is portable, that means you can transfer your home care package to

another approved provider if you choose to do so.

If that was the situation, then you will need to notify us in writing and advise what date you want

the home care package to cease with us. Our client agreement outlines the timeframe

requirements for giving notice.

In this situation we would then finalise services, calculate any unspent funds in your home care

package, provide a final monthly statement for you and transfer any unspent funds to the new

approved home care provider of your choice. Unspent funds is the amount of money left over

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from your Government subsidy after expenses are paid. We will work with your new provider to

ensure a smooth transition of your home care package.

Security of Tenure

At CPL we partner with you on your aged care journey and endeavour to support you as best as

we are able to as your chosen home care package approved provider. We do however advise you

when you commence on your package that at some time in the future, you may not be able to

continue a home care package with us.

We will only support discontinuation of your home care package with us if:

You advise us that you are moving to a location where we are not able to provide home care services

You advise us, in writing, that you no longer wish us to be your home care package provider

Your condition changes so that you no longer need home care, or your needs can be more appropriately met by other types of services for example residential aged care

You do not meet your responsibilities, as outlined in the Charter of Rights and Responsibilities for Home Care, which are included in your CPL Home Care Agreement and included at the end of this handbook

If CPL support is discontinued, we will explain the reasons to you and provide assistance with

linking you to another provider to access services if appropriate. We will work with the other

provider to ensure a smooth transition and we will notify My Aged Care and the Department of

Human Services that you are no longer receiving our home care services.

My Aged Care

If you are seeking new or a higher level of Government funding for aged care services, then My

Aged Care is the central Government contact centre who can assist with registrations and

referrals for assessment. For example, if you are currently receiving CHSP services and now

would like to be assessed for eligibility for a Home Care Package. If this is the situation your CPL

Service Facilitator can help guide you with this process.

My Aged Care staff will ask you questions about your current needs and circumstances, so they

can refer you to appropriate aged care assessment services. The phone number for My Aged

Care is 1800 200 422 between 8am and 8pm Monday to Friday and 10am to 2pm on Saturdays.

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The My Aged Care website (www.myagedcare.gov.au) has information on all aged care services

including a range of consumer fact sheets in addition to the My Aged Care Booklet you will have

received at the initial meeting with CPL.

Practical Information – support in your home

CPL Policies We have policies in place to protect both you, our clients and our staff. Some of the most relevant ones

relating to services in your home are outlined below, however they are not limited to only these. If you

wish to have more information on our policies, please contact your CPL Service Facilitator.

Changing Rostered Visit Times We roster your planned visits according to what has been agreed with you and we commit to meeting

these planned times with staff best matched to your advised preferences. These form part of your Care

Plan.

As our direct support workers are rostered to a schedule we require as much notice as possible if you

need to change a planned rostered visit. As soon as you are aware that a visit needs to change please

advise us. At least 48 hours-notice is requested so we can best accommodate rescheduling your visit. In

some instances, there may still be a charge for a rostered visit, for example if the direct support worker

arrives and you are not home at the time or you do not provide 48 hours’ notice to cancel your visit. If this

occurs, we have a process to notify your nominated representative as identified and discussed at the

initial meeting with your CPL Service Facilitator.

CPL puts clients at the heart of everything we do, and we strive to ensure rostered visits occur

when they are planned however sometimes there may be an unexpected need for us to

reschedule or cancel a planned visit for example, if your regular direct support worker is absent

from work and an alternative qualified staff member is not available at the time you require. In

this instance we will phone you to discuss options and to arrange another time for a visit.

The phone number to call to change your planned visit with 48 hours’ notice is:

QLD (07) 5500 7850 Monday to Friday 8.30am - 4.30pm

NSW (02) 6618 4915 Monday to Friday 8.30am – 4.30pm

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Pets

When you initially meet with your CPL Service Facilitator they will have asked if you have any

pets and may document this information if it is relevant to the support we are providing. We

recognise that your pet is an important part of your life and part of your family. Sometimes

though pets can be unpredictable, particularly when new people are in a home. We therefore ask

that pets are put outside or in another room when a service is being provided within your home

as we have a responsibility to ensure staff safety whilst working in your home.

Cleaning Chemicals

CPL have policies in place in relation to safe cleaning products that staff may use within your

home. Staff are not permitted to use products containing bleach or other hazardous chemicals.

These products are readily available at Supermarkets and we ask that products that do not

contain bleach or hazardous materials are purchased if you are having domestic services where

staff are using your products for cleaning.

Gifts to Staff

Whilst we understand that you may become very close with CPL staff providing services to you,

they are not permitted to accept gifts of money or items of value.

Smoking

In relation to smoking CPL have a no-smoking policy for staff and this includes smoking within

client’s homes. We also ask if you could refrain from smoking when a staff member is in your

home and that you do not smoke in staff vehicles.

Privacy and Consent

The Australian Privacy Principles under the Commonwealth Privacy Act 1988 set out how

organisations like CPL may collect, store, use, disclose and protect your personal information.

We abide by the Australian Privacy Principles, all state and national privacy legislation and we are

open and transparent about our management of your personal information.

We respect the privacy of everyone we have contact with and we are committed to protecting all

personal information collected and held by us.

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We recognise the importance of protecting this information and are committed to ensuring that

all personal information we collect is handled with respect, sensitivity and confidentiality.

What information does CPL collect?

To help manage and coordinate your supports and services, we will maintain paper and/or

electronic records that usually contain the following details:

Your name

Address

Gender

Date of birth

Contact details (and those of your carers, relevant family members and your GP/health care providers)

Legal information regarding decision making

Bank account details

Pension, Medicare or Department of Veterans’ Affairs numbers

We also collect and hold certain sensitive information including health, medical and relevant

demographic and social information relating to your service and/or support requirements. This

information can only be collected with your consent.

Who else may see information about me?

With your consent CPL may need to share information about you and your supports with other

health care professionals, government agencies or companies and individuals who perform

activities on our behalf.

This may include:

Commonwealth Government agencies such as the Department of Veterans’ Affairs, the Department of Human Services, Department of Health and the Department of Social Services

Advice from lawyers or under legal authority of a Court such as a subpoena, Warrant, or through the Adult Guardian

IT service providers or data support specialists

Mail houses and printers who send out information on our behalf

Research partners engaged by CPL to undertake research to improve the quality of our services (this is strictly controlled by ethical principles)

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If you do not wish this to occur, you can indicate this on the consent form at any time.

Sharing information with other providers

If you are moving to our service from another Provider, we will ask your previous Provider to give

us information about you and your supports.

If you are leaving us, with your consent, we will provide information about you and your supports

to your new provider (if requested).

Can I see what information CPL holds about me?

Yes. Please speak to your local office or Service Facilitator/Manager.

How do I obtain further information?

For information about privacy issues associated with your care or to change your consent details,

contact your local office or Service Facilitator/Manager. Our Privacy Policy can be found on our

website http://www.cpl.org.au/privacy-policy or you can ask your local office for a copy.

Please contact us if you have any concerns, complaints, suggestions or queries regarding your

privacy and how we might improve in this area. If you believe we have breached the privacy of

your personal information, please speak with your local Manager, or lodge your complaint with:

General Manager of Services

CPL – Choice, Passion, Life

PO Box 386

Fortitude Valley QLD 4006

Or email: [email protected]

Alternatively, you may contact:

Office of the Australian Information Commissioner Phone: 1300 363 992

Website: www.privacy.gov.au

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Incident Reporting, Investigation and Notifications

CPL takes all necessary measures to ensure your safety and that of CPL employees. All incidents

involving clients are reported and investigated, and corrective measures are undertaken to

prevent reoccurrence and eliminate the risk.

We ensure:

All employees engaged by CPL working in Aged Care services hold a National Police Check. They also hold a current Blue Card and Yellow Card issued by the Queensland State Government, in addition to rigorous background checks undertaken by CPL prior to their employment.

All CPL employees receive specialised training and undergo continuous on-the-job evaluation and support

All CPL employees are trained to identify, report and action hazards before they lead to a potential risk situation

All necessary steps are taken to respond to the situation including the client’s immediate needs

Our staff will report critical incidents in a timely manner to the client and/or their family

Information reported to the client and/ or their family will include the contact names and details of the supervisor or manager available to respond to any enquiries or concerns

If further investigation is required or the incident needs to be reported to a third party CPL will notify the client and/or family

CPL will communicate with the client and/or family during the course of the investigation process and will advise on the outcome when the investigation has been completed

Providing Feedback

What you think about our services and how we can improve them is very important to us. It helps

us provide the best possible support to you and others.

We want you to feel you can bring anything to our attention, no matter how large or small,

knowing your confidentiality will be respected and it will not affect the services you receive.

Compliments, complaints, concerns and suggestions offer us the opportunity to learn more about

you and how you would like your services provided.

Please note that from time to time, we may ask you or your family/representative to participate

in surveys or other activities that help us to understand how well we are delivering services and

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how we could improve in the future. Participating in these activities is entirely optional, however,

we urge you to have your say.

How can I provide feedback?

We encourage you to speak with your CPL Service Facilitator first as they are best placed to

achieve a fast and suitable outcome for you. You could also send them an email or letter.

However, we understand that there are some things you may not be prepared to discuss with

your CPL Service Facilitator. Or perhaps you already did and you’d like to speak to someone else

because you’re not happy with the outcome: this is called an escalation.

For any complaint escalations, please contact our Customer Hub on 1800 275 753. Alternatively,

you can send an email or letter to our General Manager of Services at [email protected] or

via PO Box 386, Fortitude Valley, QLD 4006.

Your comments are important to us and we will respond as soon as possible to let you know we

have received your comments and to advise you of the next steps we will take. Feedback can also

be provided via CPL website www.cpl.org.au/feedback

Advocacy

Advocacy is defined as ‘the process of standing alongside an individual who is disadvantaged and

speaking out on their behalf in a way that represents the best interest of that person’.

An advocate is someone who can listen to your concerns, give you information and speak up on

behalf of you if you want them to. They work at your direction in a way that represents your

expressed wishes and will always seek your permission before taking action.

An advocate can:

Support you in making decisions that affect your quality of life

Provide you with information about your rights and responsibilities, and discuss your options for taking action

Support you when you raise an issue with us

Support you at any stage of the complaints process.

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You have a right to use an advocate of your choice to negotiate on your behalf with CPL.

Advocates may be used during assessments, reviews and complaints or for any other

communication between you and CPL. This may be a family member, friend or advocacy service.

A list of advocacy services is provided below. Your CPL Service Facilitator can assist you to contact

a service if you like. If you wish to appoint an advocate let us know in writing, the name of the

person you wish to be your advocate. You can use the form - Authority to Act as an Advocate.

You can change your advocate at any time using the Authority to Act as an Advocate form.

Guidelines for advocates are included with the Authority to Act as an Advocate form for you to

pass on to your advocate.

Advocacy and External Complaints Contacts

Aged Care Complaints Commissioner

The Aged Care Complaints Commissioner provides a free service for anyone to raise their

concerns about the quality of care or services being delivered to people receiving aged care

services subsidised by the Australian Government.

In writing: Aged Care Complaints Commissioner

GPO Box 9848

In your capital City and State/Territory

Phone: 1800 550 552 (Free call) 9am to 5pm weekdays or leave a message

Website: www.agedcarecomplaints.gov.au

Older Persons Advocacy Network (OPAN)

The Older Persons Advocacy Network (OPAN) is engaged to deliver the National Aged Care

Advocacy Program (NACAP). This program is funded by the Australian Government under the

Aged Care Act 1997 and provides free, independent and confidential advocacy support and

information to older people (and their representatives) receiving or seeking to receive, Australian

Government funded aged care services.

Phone: 1800 700 600 (Free call)

Website: www.opan.com.au

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In Queensland, ADA Australia is the organisation representing OPAN (Older Persons Advocacy

Network). Their contact details are:

ADA Australia

121 Copperfield Street

Geebung QLD 4034

Phone: (07) 3637 6000

Phone: Toll Free: 1800 818 338

Website: www.adaaustralia.com.au

In New South Wales, Seniors Rights Services is the organisation representing OPAN (Older

Persons Advocacy). Their contact details are:

Seniors Rights Service (SRS)

Level 4, 418A Elizabeth Street

Surry Hills NSW 2010

Phone: 1800 424 079

Website: www.seniorsrightsservice.org.au

The Public Advocate (QLD)

The Public Advocate is an independent statutory position appointed by the Governor-in-Council

under the Guardianship and Administration Act 2000. The Public Advocate works on behalf of

adults with impaired decision-making capacity to promote and protect their rights, including

protecting them from neglect, exploitation and abuse and promote, monitor and review the

provision of services and facilities for them.

Phone: (07) 3224 7424

Email: [email protected]

Website: www.justice.qld.gov.au

The Public Guardian (NSW)

The Public Guardian promotes the rights and interests of people with disabilities through the

practice of guardianship, advocacy and education. The Public Guardian is a statutory official

appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) or

the Supreme Court under the Guardianship Act 1987.

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Phone: (02) 9692 1533

Website: www.publicguardian.justice.nsw.gov.au

Anti-Discrimination Commission Queensland The Anti-Discrimination Commission Queensland is an independent statutory body headed by the Anti-

Discrimination Commissioner. The vision of the Commission is for a fair and inclusive Queensland and

provide a free telephone enquiry service, information and training on human rights and a free and

impartial complaint resolution service.

Phone: 1300 130 670

Email: [email protected]

Website: www.adcq.qld.gov.au

Anti-Discrimination Board of NSW

The Anti-Discrimination Board of NSW promotes anti-discrimination, equal opportunity principles

and policies throughout NSW. It administers the anti-discrimination laws and handles complaints

under the Anti-Discrimination Act 1977 (NSW).

Phone: (02) 9268 5544

Phone Toll Free (Regional NSW) 1800 670 812

Website: www.antidiscrimination.justice.nsw.gov.au

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Charter of Care Recipients’ Rights and Responsibilities – Home Care

Aged Care Act 1997, Schedule 2 User Rights Principles 2014 (amended on 27

February 2017)

1 Care recipients’ rights - home care

General

(1) Each care recipient has the following rights:

(a) to be treated and accepted as an individual, and to have his or her individual

preferences respected

(b) to be treated with dignity, with his or her privacy respected

(c) to receive care that is respectful of him or her, and his or her family and home

(d) to receive care without being obliged to feel grateful to those providing the

care

(e) to full and effective use of all human, legal and consumer rights, including the

right to freedom of speech regarding his or her care

(f) to have access to advocates and other avenues of redress

(g) to be treated without exploitation, abuse, discrimination, harassment or

neglect.

Consumer Directed Care - choice and flexibility

(2) Each care recipient has the following rights:

(a) to be supported by the approved provider:

I. to set goals in relation to the outcomes he or she seeks from home care

II. to determine the level of ongoing involvement and control that he or

she wishes to have in the provision of the home care

III. to make decisions relating to his or her own care

IV. to maintain his or her independence as far as possible

(b) to choose the care and services that best meet his or her goals and assessed

needs and preferences, within the limits of the resources available

(c) to have choice and flexibility in the way the care and services are provided at

home

(d) to participate in making decisions that affect him or her

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(e) to have his or her representative participate in decisions relating to his or her

care if he or she requests it or if he or she does not have capacity

(f) to choose the approved provider that is to provide home care to him or her,

and to have flexibility to change that approved provider if he or she wishes.

Consumer Directed Care - care and services

(3) Each care recipient has the following rights:

(a) to receive reliable, coordinated, safe, quality care and services which are

appropriate to meeting his or her goals and assessed needs

(b) to be given before, or within 14 days after, he or she commences receiving

home care, a written plan of the care and services that he or she expects to

receive

(c) to receive care and services that take account of his or her other care

arrangements and preferences

(d) to ongoing review of the care and services he or she receives (both periodic

and in response to changes in his or her personal circumstances), and modification

of the care and services as required.

Consumer Directed Care - individualised budget and monthly statement of available funds and

expenditure

(3A) Each care recipient has the following rights:

(a) to receive an individualised budget for the care and services to be provided

(b) to have his or her individualised budget reviewed and, if necessary, revised if:

I. the care and services to be provided, or the costs of providing the care

and services, change; or

II. he or she requests the approved provider to review and, if necessary,

revise the individualised budget

(c) to receive a monthly statement of the funds available and the expenditure in

respect of the care and services provided during the month.

Personal information

(4) Each care recipient has the following rights:

(a) to privacy and confidentiality of his or her personal information

(b) to access his or her personal information.

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Communication

(5) Each care recipient has the following rights:

(a) to be helped to understand any information he or she is given

(b) to be given a copy of this Charter

(c) to be offered a written agreement that includes all agreed matters

(d) to choose a person to speak on his or her behalf for any purpose.

Comments and complaints

(6) Each care recipient has the following rights:

(a) to be given information on how to make comments and complaints about the

care and services he or she receives

(b) to complain about the care and services he or she receives, without fear of

losing the care or being disadvantaged in any other way

(c) to have complaints investigated fairly and confidentially, and to have

appropriate steps taken to resolve issues of concern.

Fees

(7) Each care recipient has the following rights:

(a) to have his or her fees determined in a way that is transparent, accessible and

fair

(b) to receive invoices that are clear and in a format that is understandable

(c) to have his or her fees reviewed periodically and on request when there are

changes to his or her financial circumstances

(d) not to be denied care and services because of his or her inability to pay a fee

for reasons beyond his or her control.

2 Care recipients’ responsibilities - home care

General

(1) Each care recipient has the following responsibilities:

(a) to respect the rights of care workers to their human, legal and workplace rights

including the right to work in a safe environment

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(b) to treat care workers without exploitation, abuse, discrimination or

harassment.

Care and services

(2) Each care recipient has the following responsibilities:

(a) to abide by the terms of the written home care agreement

(b) to acknowledge that his or her needs may change and to negotiate

modifications of care and service if his or her care needs change

(c) to accept responsibility for his or her own actions and choices even though

some actions and choices may involve an element of risk.

Communication

(3) Each care recipient has the following responsibilities:

(a) to give enough information to assist the approved provider to develop, deliver

and review a care plan

(b) to tell the approved provider and their staff about any problems with the care

and services

(c) before the care recipient changes approved providers, to tell the approved

provider and their staff of the day the care recipient intends to cease to receive

home care services from the approved provider.

Access

(4) Each care recipient has the following responsibilities:

(a) to allow safe and reasonable access for care workers at the times specified in

his or her care plan or otherwise by agreement

(b) to provide reasonable notice if he or she does not require home care to be

provided on a particular day.

Fees

(5) Each care recipient has the responsibility to pay any fees as specified in the agreement

or to negotiate an alternative arrangement with the provider if any changes occur in his

or her financial circumstances